Press Release
19th February 2007 

How to Beat the Bank Robbers: McNeil Launches Guide to Reclaiming Excessive Bank Charges
As the UK's top banks prepare to report combined profits of £38bn for the past year, MSP for Greenock and Inverclyde, Duncan McNeil, is helping his constituents fight back against excessive bank charges.  He says that punitive fees levied for going overdrawn, exceeding an agreed overdraft limit, or having a transaction declined are not enforceable in law and that many customers have already received substantial refunds.

Launching a handy 3-step guide to help customers get their money back, Mr McNeil said:

“We’ve all had those letters charging us £30 for the privilege of being told that we’ve gone a few pounds overdrawn.  And it’s all the more infuriating when you’ve been on the phone to the bank, trying to explain that, through no fault of your own, your wages were late or a cheque you paid in bounced.  They’re not interested in listening because it’s a nice little earner and they’ve been getting away with it for years.

“And it is, of course, the banks’ poorest customers who are hardest hit.  It doesn’t seem to bother the banks that it’s the £30 letters and other charges they keep piling on and piling on which are keeping those customers in the very financial difficulties for which they are being penalised.

“What does bother them, though, is that fact that such penalty charges contravene an established principle of Scots law.  Charges should only reflect the true administrative cost of dealing with the default – and how much does it cost to send a computer-generated standard letter?  It’s pence, not pounds.

“I am therefore urging my constituents who have been hit by these charges to get hold of my handy 3 step guide and start to fight back.”

One successful claimant is Scott Macdonald from Inverkip, who added:

“I’d heard about claiming back excessive bank charges, but put it off because I thought it would be too much hassle.  All it took, though, was a few letters and phone calls and I got a refund of over £5000.

“Some of my friends have also claimed back thousands and I would encourage everyone in my position to get hold of the handy step-by-step guide which Duncan has published and demand their money back.”

On 5th April 2006, the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083).  Charges above this sum will be subject to legal action by the OFT (press release 68/06).

The OFT has also stated that a charge is not automatically fair simply because it is below this sum.

It is an established principle of Scots law that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract (Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498).  In cases where actual loss simply is the cost of automatically sending a customer a computer-generated letter, the charges being levied by banks are clearly not reflective of actual loss, but are in fact penalty charges.

Copies of the information pack are available here, or from his local office: 791820.
ENDS

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